20081610 Ver 1_Approval Letter_20081231

(

Michael F, Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Coleen H, Sullins, Director
Division of Water Quality

December 31, 2008

DWQ Project # 08-1610
Orange County

Mr. William Blackwood
1422 Mount Carmel Church Road
Chapel Hill, NC 27514

Subject Property:

Blackwood Property - AFTER- THE-FACT
Buck Branch [030606, 16-41-2-9, WSIV, NSW]

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Blackwood:

You have our After- The-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 400 linear feet of intermittent stream to develop the site, as
described within your revised application dated October 16,2008, and received by the N.C. Division of
Water Quality (DWQ) on October 21,2008, with additional information received on October 27, 2008,
and December 10, 2008. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3692 (GC3692), The Certification(s) allows you to
use Nationwide Permit(s) NW40 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.

This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy ofthis Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

Conditions of Certification:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

401 OversighUExpress Review Permits Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemel: htlo://h2o,enr,state,nc,us/ncwetlands

An Equal Opportunity/Affirmative Action employer - 50% Recycled/10% Post Consumer Paper

Mr, William Blackwood
Page 2 of3
December 31, 2008

"
,

Sediment and Erosion Control:

2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stonnwater routing and treatment shall be on site at all times.

3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 I Penn it Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be perfonned so that no violations of state water quality standards,
statutes, or rules occur;

4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and ero~ion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;

5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;

Certificate of Completion:

6. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 40IlWetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Penn it.

Mr, William Blackwood
Page 3 of3
December 3 I, 2008

If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919~ 791-4200.

Sincerely,

~ H. Sullins

CHS/ijm

Enclosures:

GC3692
Certificate of Completion

cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Everitte Knight, McKim & Creed, P.A., 1730 Varsity Drive, Suite 500, Raleigh, NC 27607

Filename: 08161 OBlackwoodProperty(Orange)40 1